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Talmud Law The Law Offices of Rebecca J. Talmud

What are your rights as a New York gestational surrogate?

On Behalf of | May 4, 2023 | Adoption

The surrogacy landscape in New York drastically changed in recent years. The state evolved from strictly banning gestational surrogacy for thirty years to legalizing it through the Child-Parent Security Act (CPSA) in 2021. Today, New York is one of the nation’s friendliest states for those choosing gestational surrogacy, which involves a gestational surrogate carrying and giving birth to an intended parents’ baby without providing an egg.

As with any new legislation, CPSA comes with the possibility of exposing yourself to physical, mental, financial and legal dangers. Thus, protecting the life inside you and your own is imperative.

Safeguarding your rights

After passing the medical screening, you must be fully aware of the potential challenges indicated in contractual provisions. Some of these risks include embryo transfer side effects, restrictions on travel, diet and sexual activities, hypertension and even death.

Once qualified and informed, the next crucial step for you as a gestational surrogate is to secure your rights. The New York Department of Health outlines the Surrogate’s Bill of Rights as follows:

  • Right to decide on your own and your pregnancy’s health and welfare

– You can consent to either a cesarean delivery or a multiple embryo transfer.

– You decide whether to end or pursue the pregnancy.

– You can seek services of your preferred medical practitioner.

  • Right to a life insurance policy taking effect prior to any medication or treatment

– It should cover the entire pregnancy duration and twelve months post-partum. This policy still applies in the event of a miscarriage, stillbirth or termination.

– You can pick your beneficiary or beneficiaries.

– The intended parents must pay for the plan.

  • Right to a health insurance policy inclusive of preconception, prenatal and behavioral health care, as well as other primary medical treatments or hospitalizations

– The policy spans from the whole surrogacy process until twelve months after birth or termination of pregnancy.

– The policy should cover psychological counseling for any issue arising from gestational surrogacy.

– The intended parents must pay for the plan and reimburse the gestational surrogate for out-of-pocket expenses during and after the pregnancy.

Lastly, you have the right to choose your legal counsel. The intended parents must pay your New York licensed representative’s legal fees. However, your lawyer must only represent your interests.

Life-long rewards

The Surrogate’s Bill of Rights creates a legal framework upholding your rights as a gestational carrier. It secures your future’s protection and provides insight to others thinking about starting their own family.